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Author
Topic: IMMIGRATION FROM CANADA TO U.S (Read 3261 times)

So i am from Canada. I came to Los Angeles 15 years ago and never left. I was married almost 2 years ago and now we are going to start the legal portion of making me legal here in the U.S. We meet with our Immigration attorney tomorrow who does not know at this point that i am HIV+. I do know that she has a list of doctors to choose from for the physical exam. Basically, she said that all they do is take blood and check for Communicable diseases. Is HIV on the list of communicable diseases? Will this not allow me to go ahead with getting my legal U.S status?? Does anyone have info on this??

You will need to sign an HIV waiver which your lawyer should prepare for you. You need to be very honest with your lawyer so he can help you as best as possible--that is what you are paying him for! I know because I was in your situation and got my greencard, and am now applying for my US citizenship.

As mentioned by the others, you will be tested for HIV and normally will not be allowed to become a citizen if you are HIV positive. However, there are exceptions and since you are getting married to an American, then I believe that qualifies as one of the exceptions. But Angelina is correct, you need to be very open and honest with your attorney so that they can assist you in getting your citizenship with the least amount of hassle.

I believe it's the other way around. Your future need for government assistance for HIV-related treatment might affect your ability to obtain an HIV waiver and therefore might affect your being able to obtain permanent residence/immigration status.

From the National Immigration Project website: Obtaining An HIV Waiver: The Extra TestThe third part of the test may be the most difficult to overcome, depending on the noncitizen's situation. The applicant must show that no cost will be incurred by a government agency without that agency's prior consent to providing necessary services or benefits. This essentially has been interpreted by DHS to refer to health care costs. If an applicant can show they or their sponsors have health care insurance that will cover any possible future medical expenses, for example, he or she will have a very strong application for the HIV waiver. If not, other evidence must be proffered, such as financial resources necessary to cover projected lifetime medical costs of HIV treatment, statements from specific private/government health care and research facilities assuming responsibility for treatment, or statements of consent from local or state health care officials. If an applicant is asymptomatic and has a job offer, this will also help them meet the requirements.

So i went to see the lawyer yesterday. Yurns out that this immigration lawer has never had to do an HIV Waiver, but did say that because i have health insurance already it shouldnt be a problem. Howeve about 4 years ago i did mark on an unemployment form that i was a u.s citizen in order to collect un employment. It seems as though thats a pretty big deal and shouldnt apply for my work visa status just yet before more research on that particular problem..............All and all its just another brick in the wall! Morton